Who has to follow O. Reg. 278/05 on an Ottawa renovation?

O. Reg. 278/05 binds every constructor, employer and worker on an Ottawa renovation or demolition project where asbestos may be disturbed. That means the abatement contractor you hire must follow it in full, regardless of what kind of building you own.

The regulation's reach depends on who is doing the work and what kind of property it is. For a constructor or employer, the rules apply on every project: the Type classification, the controls each Type requires, the training rules, the inspector notice before Type 3 work, and the waste rules under Ontario Regulation 347. Workers on those projects are bound as well.

Section 2(4) of O. Reg. 278/05 says the regulation does not apply to an owner of a private residence occupied by the owner or the owner's family, or to an owner of a residential building of not more than four dwelling units where the registered owner or family occupies one of them. That exemption covers the owner's duties only: the section 10 examination and report, and the obligations that flow from it. The contractor the owner hires is still bound by the regulation in full. Ontario's guide to the regulation makes this explicit: constructors, employers and workers engaged in private construction projects and repair or maintenance of such buildings are covered.

For a rented unit, Ontario's guide says the regulation applies to the owner if the tenant is not related to the owner. The exemption covers a home the owner or their family lives in, and a building of up to four units where the registered owner or family lives in one of them. A landlord who doesn't live in the building, a building of more than four units, and commercial property are not covered.

Section 30 of the Occupational Health and Safety Act adds a separate layer. Before beginning a project, an owner must determine whether any designated substances are present and prepare a list. O. Reg. 490/09 names eleven designated substances, including asbestos and lead. If work is tendered, that list goes into the tendering information, and a prospective constructor must receive a copy before a binding contract is signed. An owner who fails to comply is liable to the constructor and every contractor and subcontractor who suffers loss from the later discovery of a designated substance the owner ought reasonably to have known of. How section 30 applies to an owner-occupier is not settled; if you are unsure whether it applies to your situation, ask the contractor or the Ministry of Labour.

The Occupational Health and Safety Act, section 3(1), separately says the Act does not apply to work performed by the owner or occupant, or a servant of the owner or occupant, to, in or about a private residence.

We found no City of Ottawa permit for asbestos, mould or lead abatement as such. Building and demolition permits come from the City; asbestos work is governed by O. Reg. 278/05, not by the City. If your project is in Gatineau, Quebec rules differ and you should check with Quebec authorities.

When you have two written abatement quotes in front of you, put the Type each contractor names for the job side by side: the Type decides the training the workers must have, whether a Ministry of Labour inspector notice is required, and whether a clearance air test applies, so a quote that names a lower Type for the same scope deserves a direct question about why.